· 2/6/2004
United States v. Terry L. Peveler
Citations
- 359 F.3d 369
- 2004 U.S. App. LEXIS 1824
- 2004 WL 221920
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that this court reviews a district court’s denial of a motion to reduce sentence under the abuse-of-discretion standard
- concluding the language of Rule 11 precludes application of § 3582(c)
- “[T]he plain language of . . . Rule 11(c)(1)(C) generally precludes the district court from altering the parties’ agreed sentence under 18 U.S.C. § 3582(C
- a defendant who enters into an agreement for a definite sentence under Rule 11(c)(1)(C) is ineligible for a sentence reduction because the sentence was based on the agreement, not the Guidelines
- “We note, however, that with the two-level deduction sought, Peveler’s actual sentence is within the revised sentencing guideline range although the sentence is not at the low end of the revised guideline range as provided in the plea agreement.”
- “We note, however, that with the two-level deduction sought, Peveler’s actual sentence is within the revised sentencing guideline range although the sentence is not at the low end of the revised guideline range as provided in the plea agreement.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Daughtrey, Gilman, Haynes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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